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Charged officer involved in lawsuit

A Des Moines police officer who faces a domestic abuse charge is also the subject of a civil lawsuit alleging he repeatedly punched a suspect who was already on the ground.

The lawsuit was filed earlier this year by attorneys for John Twombly and stems from a fight at Twombly’s June 2011 wedding in Des Moines.

Twombly was charged with assaulting Officer Cody Grimes, who responded to a call for assistance at Twombly’s wedding. Twombly was acquitted in a later trial. In the lawsuit, Twombly alleges Grimes punched him five times while he was on the ground.

Des Moines police officials looked into the incident, but found no evidence of wrongdoing by either Grimes or Officer Andrew Phipps, who was hired in an off-duty capacity to provide security at the event, said Sgt. Jason Halifax, Des Moines police spokesman.

Grimes, 33, a Des Moines police officer since 2007, is currently on paid administrative leave while Des Moines police review an incident at his southwest Des Moines home last week.

Grimes faces a charge of domestic abuse causing injury after an altercation with his ex-girlfriend Friday.

He was arrested Monday after detectives determined there was enough evidence to merit a charge in the case. Grimes was free on bond Tuesday.

The 2011 incident began at about 10:40 p.m. June 23, at the reception for the wedding of Twombly to his wife, Khamla Twombly. One of the groomsmen was “really flirty” with female guests and “was acting foolish at the reception,” the lawsuit states.

The groomsman allegedly acted as if he was going to grope Khamla Twombly’s breasts. John Twombly pushed the man once, causing him to fall, break a ceramic column and land in the lap of Officer Phipps, who was sitting on a folding chair.

Phipps called for backup. Police accused John Twombly of throwing a punch at Phipps. Twombly denies this in the lawsuit, and he was later acquitted.

Officer Grimes responded to Phipps’ backup call with other officers. Grimes allegedly threw Twombly against a wall and took him to the floor near the bar, witnesses said in the lawsuit.

While on the ground, Grimes held Twombly’s head with one hand and punched him five times, according to the court papers.

Another guest, John Schildberg, grabbed Grimes’ bicep to prevent a sixth strike. Schildberg was charged with interference with official acts. The case was later dismissed.

“Mr. Schildberg saw a wholesale loss of composure and control and believed that if the officer continued, he would have killed” Twombly, the lawsuit alleges.

Twombly suffered two fractures of his right orbital bone, the lawsuit stated.

Twombly’s attorneys argue he was deprived of his civil rights by the alleged actions of the officers.

The lawsuit filed in U.S. Federal Court seeks unspecified financial damages from Grimes, Phipps and the city of Des Moines.

Grimes made news in October 2010 when he fired a shot and missed a KCCI-TV photojournalist. Grimes was responding to a report of shots fired at KCCI’s studios near downtown Des Moines. The photojournalist had gone outside to see what was happening and Grimes mistook him for the suspect.

Grimes was put on paid administrative leave following the incident, which is standard procedure any time an officer fires his weapon in the line of duty. Grimes returned to work about two weeks later.